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April 19

UK law on old motorcycle helmets

I'm having a discussion with a friend about old motorcycle helmets, specifically the old leather type helmets that were in use in the 1970s / early 80s, and whether under UK law they are still legal to use.

My friend thinks that it is still legal to wear one so long as it was manufactured before the law (BS 6658:1985) changed in 1985. I would assume that the law would apply retroactively to all helmets, even those manufactured before the law changed.

Can anyone find some references to support either viewpoint? This is just a curiosity question as neither of us actually have any old motorcycle helmets, or indeed ride motorcycles. Thanks for your time.

16:37, 19 April 2018 (UTC) — Preceding unsigned comment added by BeefAnime (talk • contribs)

Here's the official Government advice: [1]. 92.19.169.232 (talk) 16:51, 19 April 2018 (UTC)[reply]

(edit conflict) I can point you to Motorcycle helmets: the law and The Highway Code - Rules for motorcyclists (83 to 88) but we are not allowed to give legal advice. Alansplodge (talk) 16:53, 19 April 2018 (UTC)[reply]

(EC) See [2] and [3]. (Look at the later source carefully, in particular look out for 'either'.) Without commenting on the specifics here, note that grandfathering in older devices manufactured before new standards is fairly common practice. This may eventually be ended or it may not, and it may or may not have limits on the sale or transfer of grandfathered device. (I'm using 'devices' very widely here. It can include vehicles for example, and buildings.) Nil Einne (talk) 17:08, 19 April 2018 (UTC)[reply]

That last link is out of date. The law has been amended by the Motor Cycles (Protective Helmets) (Amendment) Regulations 2000 (no. 1488). Section 5(1) now reads:

Prescribed types of recommended helmet

5.—(1) The types of helmet hereby prescribed as types of helmet recommended as affording protection to persons on or in motor cycles from injury in the event of an accident are helmets which as regards their shape, construction and other qualities conform—

(a)with British Standard 6658:1985 as amended by Amendment Slip number 1 published on 28th February 1986 and are marked with the number of that standard, or

(b)with any other standard accepted by an EEA State which offers in use equivalent levels of safety, suitability and fitness for purpose and are marked with a mark to indicate that standard,

and in ~~either~~ each case are marked with an approved certification mark of an approved body (whether or not they are required to be so marked by the standard in point), or

(c) with ECE Regulation 22.05 including the approval, marking and conformity of production requirements of that Regulation.

This is for the benefit of anyone who may be wondering why the guidance appears to conflict with the law based on the link provided. 92.19.169.232 (talk) 17:38, 19 April 2018 (UTC)[reply]

Thanks! Does anyone know if section 4 been amended or schedule 2 modified? That seems like it could be important to the original question. Nil Einne (talk) 21:12, 19 April 2018 (UTC)[reply]